2018 P Cr (PLP)

AFTAB AHMED GORAR, J.

Applicant Nadir alias Nadir Ali Manganhar was admitted to interim pre-arrest bail vide order dated 04.5.2015 in Crime No.25/2015, registered at Police Station A/Section, Shahdadkot, under sections 337-F(v), F(i), 148, 149, 506/2, 114, P.P.C. His pre-arrest bail application was earlier rejected by the learned Additional Sessions Judge, Shahdadkot vide order dated 21.4.2015.

2. According to the case of prosecution, on 27.12.2015, complainant Suhno Khan, his relatives Zahid Hussain Khokhar and Meer Hassan Khokhar took meals and proceeded on foot to the private clinic of Dr. Saifullah Khoso, where ailing son of Abdul Raheem Khokhar, namely, Manzoor Ali, was lying under treatment. At about 7.00 p.m., when they reached near Sobho Kariro Diversion, Shahdadkot, accused persons, namely, Mahboob Ali, Nadir, both by caste Manganhar on one motorcycle, while accused Manthar Manganhar and two unidentified persons on another motorcycle, intercepted them, out of whom accused Manthar and Nadir were having lathies, while accused Mahboob and two unidentified persons were armed with pistols. It is alleged that on the instigation of accused Mahboob Manganhar, accused Nadir inflicted lathi blow to Zahid Hussain on his right arm, accused Manthar Ali inflicted lathi blow to Zahid Hussain on his shoulder and legs, who fell down by raising cry. Then the complainant and P.Ws raised cries, whereafter the accused persons went away by extending threats to the complainant party not to come again towards the lands of Naheed Wajid Khuhawar. Subsequently the complainant on receiving final medical certificate approached the police on 16.3.2015 and lodged FIR to the above effect.

3. Learned Counsel for the applicant contends that the applicant is innocent and he has been implicated in the instant case due to the enmity over landed property; that the incident took place on 27.2.2015, while FIR was registered on 16.3.2015 i.e. with delay of 17 days and no plausible explanation has been furnished by the complainant for such inordinate delay; that prior to the instant FIR, the father of the applicant had lodged an FIR bearing Crime No.11/2015 at Police Station A/ Section, Shahdadkot, under sections 337-F(v), 337-A(i), 114, 148, 149, P.P.C. against the complainant party of this case; that due to such enmity series of false FIRs have been registered against the applicant party; that as per opinion of the medical officer, who examined injured Zahid Hussain, the injury on the person of said injured appears to be the result of road accident; that the offence does not fall within prohibitory clause of section 497, Cr.P.C.; that after grant of interim pre-arrest bail the applicant is regularly attending the trial Court and has never misused the concession of bail. Lastly, learned Counsel submits that the trial of the case has proceeded, during which evidence of almost all the prosecution witnesses has been recorded by the trial Court and only the evidence of investigating officer remains to be recorded.

4. Learned Additional Prosecutor General assisted by learned Counsel for the complainant opposed the bail application on the grounds that the incident of daytime, the applicant is nominated in the FIR and specific role is assigned to him. The medical evidence is in line with ocular version. They, however, could not controvert the legal position that the offence does not fall within prohibitory clause of section 497, Cr.P.C., evidence of almost all the prosecution witnesses has been recorded and only the investigating officer remains to be examined.

5. It is an admitted position on record that there exists enmity between the parties, which fact further gets support from the FIR bearing Crime No.11/2015 lodged by applicant's father at Police Station A/ Section, Shahdadkot, under Sections 337-F(v), 337-A(i), 114, 148, 149, P.P.C. against the complainant of this case and others. The inordinate and scandalous delay of 17 days in reporting the matter to police cannot be lost sight of. Moreover, the injury sustained by injured Zahid Hussain has been declared as "Jurh Ghayr Jaifah Hashimay", which carries punishment upto five years, therefore, the offence would not cover the prohibition contained in section 497, Cr.P.C. The evidence of almost all the prosecution witnesses has been recorded by the trial Court and the investigating officer of the case remains to be examined. It is also not controverted that after grant of interim pre-arrest bail the applicant has ever misused the concession of bail.

6. In view of above, instant bail application is allowed and the interim pre-arrest bail already granted to the applicant is hereby confirmed on same terms and conditions. WA/N-26/Sindh Bail confirmed.